Mantu Sarkar v. The State Of Bihar

Patna High Court Cr.Misc. No.5939 of 2015 (4) dt.24-06-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5939 of 2015 Arising Out of PS.Case No. -405 Year- 2013 Thana -KRITYANAND NAGAR District- PURNIA ====================================================== Mantu Sarkar, S/o late Dharni Sarkar, r/v Belghatti, P.S. K. Nagar, Purnia. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Viveka Nandsingh, Adv. For the Opposite Party/s : Mr. Kumar Ranjit Ranjan(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-06-2015 Heard both sides.

The petitioner apprehends his arrest in K. Nagar P.S. Case no. 405/2013 registered for the offences punishable under Sections 302, 120(B)/34 of the Indian Penal Code. The brother of the deceased named the petitioner along with four other persons and alleged that his brother Shyam Kumar Pandey was married to the daughter of the petitioner but the petitioner and other accused persons killed his brother and threw his dead body in the bamboo bush near the bank of river. It is submitted that there is no eye-witness of the occurrence. The Investigating Officer has not collected any tangible evidence to show the involvement of the petitioner. It appears that the informant has alleged that the

Patna High Court Cr.Misc. No.5939 of 2015 (4) dt.24-06-2015 petitioner along with others has strangulated his brother and threw his dead body near a bush by the side of a river situated near the house of the petitioner.

From perusal of post-mortem report it appears that many injuries were found on the neck of the deceased. Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) Rakhi/- U T